Iowa Admin. Code r. 875-5.2

Current through Register Vol. 47, No. 11, December 11, 2024
Rule 875-5.2 - [Effective until 1/15/2025] Definitions

The definitions and interpretations contained in Iowa Code section 88.3 shall be applicable to the terms when used in this chapter. As used in this chapter unless the context clearly requires otherwise:

"Act" means the Iowa Occupational Safety and Health Act, Iowa Code chapter 88.

"Affected employee" means an employee who would be affected by the grant or denial of a variance, or any one of the employee's authorized representatives, such as the collective bargaining agent.

"Commissioner" means the labor commissioner of the department of workforce development, division of labor services.

"Hearing examiner" means the labor commissioner or the commissioner's designee.

"Party" means a person admitted to participate in a hearing conducted in accordance with rules 5.14(88) to 5.21(88). An applicant for relief and any affected employee shall be entitled to be named parties. For the purpose of special variance hearing procedures under Iowa Code section 88.5(7), the conflicting federal regulatory agency shall also be a party. The department of workforce development, division of labor services, shall be deemed to be a party without the necessity of being named.

"Person" means an individual, partnership, association, corporation, business trust, legal representative, an organized group of individuals, or an agency, authority or instrumentality of the state of Iowa.

"Variance" means waivers or variances pursuant to Iowa Code sections 17A.9A, 88.5(3), 88.5(6), and 88.5(7) unless otherwise specified.

Iowa Admin. Code r. 875-5.2

Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/26/2021